After a jury found a former Provo restaurant owner guilty of pretending to be a doctor and sexually abusing women late last year, a district judge in American Fork handed down his sentencing Tuesday afternoon.
Borzin Mottaghian, 35, was initially charged with 14 first-degree felonies of object rape and attempted object rape, two second-degree felonies of forcible sexual abuse and one third-degree felony of attempted forcible sexual abuse in 2017.
Last December, Mottaghian was found guilty of two first-degree felony counts of object rape, two second-degree felony counts of forcible sexual abuse, two class A misdemeanor counts of sexual battery and two class B misdemeanor counts of attempted sexual battery. The jury deliberated on its decision for less than four hours after a four-day trial.
For each of the first-degree felony charges of object rape, Mottaghian received five years to life in prison, also receiving one to 15 years for each of the second-degree felony counts of forcible sexual abuse. Lunnen also required Mottaghian to serve one year for each class A misdemeanor charge of sexual battery and six months for each class B misdemeanor count of attempted sexual battery.
While the first-degree felony charges are set to run concurrent to each other, all remaining sentences are required to run consecutively to each other.
Mottaghian was locally known as the owner of two restaurants in downtown Provo, including Cafe on Fire and Cocoa & Coffee Co. Both locations were closed before the trial began.
According to court documents, Mottaghian posted Craigslist ads offering to pay women $200 for their help in developing “a new ‘medical device,’” posing as a medical examiner conducting anatomy research. Police reported he does not have any medical certification.
Two women met with Mottaghian separately after seeing the ad. Mottaghian told one woman that he was a doctor developing a “surgical catheter” and another that he was developing a new feminine hygiene product.
Mottaghian had each woman sign nondisclosure forms before having them undress and sexually abusing them under the pretense of an examination. According to court documents, both women, who did not know each other, separately reported the incident to police after having concerns that they had been deceived.
Officials had an undercover female officer also respond to the ad about a month later. During the appointment, Mottaghian told the detective he was a doctor concluding medical research and what the examination would include. Before the examination could begin, the Utah County Sheriff’s Office entered with a search warrant and arrested Mottaghian on Oct. 7, 2017, according to court documents.
The sentencing hearing was postponed once before all parties met in the Fourth District courtroom before Judge Robert Lunnen. Cara Tangaro and Scott Williams, representing Mottaghian, filed for a motion to continue sentencing, addressing potential mistakes within the sentencing agreement as well as the potential for the prosecution to present recorded jail phone calls.
Lunnen made the decision to move forward with the sentencing but decided he will not hearing any additional evidence regarding jail phone calls or recordings, and an amended sentencing agreement was presented to the court before the hearing continued.
Both victims were allowed to give statements before the sentencing was handed down. Williams also read a written statement by Mottaghian.
Before the official sentencing, the prosecution asked the court to allow Mottaghian’s terms to run consecutively with no credit for time previously served while in the custody of the Utah County Jail. Lunnen ultimately denied this request following further conversation, ordering that Mottaghian be granted credit for time already served.
Mottaghian was remanded to the custody of the Utah State Prison where he will serve the rest of his time.